Bharat Heavy Electrical v. J.Vijayalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.A.(MD)No. 179 of 2019 and CMP(MD) No.1480 of 2019 1.Bharat Heavy Electrical Limited Education Society represented by its Secretary having its office at BHEL Kailasapuram, Tiruchirappalli 2.The Principal RSK Higher Secondary School Kailasapuram Trichy.

:Appellants Vs.

1.J.Vijayalakshmi 2.R.Jeyapriya 3.D.Geedha Dorothy 4.Mary Immoculate 5.B.Prakash 6.Union of India Represented by its Secretary to Government, Ministry of Heavy Industries and Public Enterprises Department of Public Enterprises Public Enterprise Bhavan Block No.14 CGO Complex, Lodhi Road New Delhi 7.Bharath Heavy Electrical Limited (BHEL) Represented by its Chairman cum Managing Director, BHEL House, Siri Fort, New Delhi 8.Bharath Heavy Electrical Limited (BHEL) Represented by its Executive Director, Kailasapuram, Tiruchirappalli 1/3

9.Central Board of Secondary Education, "Shiksha Kendra"

No.2 Community Centre, Preet Vihar, Delhi 10.R.Anuradha 11.S.Pushparani 12.R.Lalitha 13.R.Mala : Respondents PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order of this Court in W.P(MD) No.5452/2011 dated 10.01.2019. Prayer in WP(MD). 5452 of 2011 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 4 herein to regularize the services of the petitioners from the date of their appointment i.e. June 2006 with all attendant benefits.

For Appellants :Mr.A.V.Arun For Respondents :Mr.K.Navaneetha Raja For R1 to R5 Mr.S.Jeyasingh for R6 Mr.Kalyan Jhabakh for R7 & R8 for M/s.Surana and Surana

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) Today, when the matter is taken up for hearing, the learned counsel for the appellant as well as the contesting respondents submitted that the regularization, as ordered by the learned single Judge of the writ petitioners, can be made by passing appropriate orders within six weeks from the date of receipt of a copy of the judgment and consequently, the respondents/writ petitioners are entitled for 50% of the back wages payable from 01.06.2012 onwards (*) along with regularization from that date. The said payment will have to be made within eight weeks from the date of a copy of the judgment.

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2. In view of the above, the writ appeal is partly allowed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) (*)Corrected as per order dated 26.03.2021 Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR To 1.Union of India Represented by its Secretary to Government, Ministry of Heavy Industries and Public Enterprises Department of Public Enterprises Public Enterprise Bhavan Block No.14 CGO Complex, Lodhi Road New Delhi 2.Central Board of Secondary Education, "Shiksha Kendra"

No.2 Community Centre, Preet Vihar, Delhi +1 CC to M/s.S.JEYASINGH, Advocate ( SR-11493[F] dated 16/03/2021 ) +1 CC to M/s.SURANA & SURANA, Advocate ( SR-11587 & 14012 [F] dated 16/03/2021 ) Order made in W.A.(MD)No.179 of 2019 and CMP(MD) No.1480 of 2019 16.03.2021 NA(CO) TR(19.04.2021) 3P 5C 3/3